Bill Text: MS SB2858 | 2012 | Regular Session | Enrolled

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Bill Title: MS Limited Liability Company Act; extend repealer on fees.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2012-05-03 - Veto Referred To Judiciary, Division A [SB2858 Detail]

Download: Mississippi-2012-SB2858-Enrolled.html

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MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Judiciary, Division A

By: Senator(s) Burton

Senate Bill 2858

(As Sent to Governor)

AN ACT TO AMEND SECTION 79-29-1203, MISSISSIPPI CODE OF 1972, TO EXTEND THE REPEAL DATE ON LIMITED LIABILITY COMPANY FEES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 79-29-1203, Mississippi Code of 1972, is amended as follows:

     79-29-1203.  (1)  No document required to be filed under this chapter shall be effective until the applicable fee required by this section is paid.  The following fees shall be paid to and collected by the Secretary of State for the use of the State of Mississippi:

          (a)  Filing of Reservation of Limited Liability Company Name or Transfer of Reservation, Twenty-five Dollars ($25.00).

          (b)  Filing of Change of Address of Registered Agent, Twenty-five Dollars ($25.00).

          (c)  Filing of Resignation of Registered Agent, Five Dollars ($5.00).

          (d)  Filing of Certificate of Formation, Fifty Dollars ($50.00).

          (e)  Filing of Amendment to Certificate of Formation, Fifty Dollars ($50.00).

          (f)  Filing of Certificate of Dissolution, Fifty Dollars ($50.00).

          (g)  Filing of Application for Registration of Foreign Limited Liability Company, Two Hundred Fifty Dollars ($250.00) and Ten Dollars ($10.00) for each day, but not to exceed a total of One Thousand Dollars ($1,000.00) for each year the foreign limited liability company transacts business in this state without a registration as a foreign limited liability company.

          (h)  Filing of Certificate of Correction, Fifty Dollars ($50.00).

          (i)  Filing of Certificate of Cancellation of Registration of Foreign Limited Liability Company, Fifty Dollars ($50.00).

          (j)  Filing of an Annual Report of Domestic Limited Liability Company, (no fee).

          (k)  Filing of an Annual Report of Foreign Limited Liability Company, to be deposited in the Elections Support Fund created in Section 23-15-5, Two Hundred Fifty Dollars ($250.00).

          (l)  Certificate of Administrative Dissolution, (no fee).

          (m)  Filing of Application for Reinstatement Following Administrative Dissolution, Fifty Dollars ($50.00).

          (n)  Certificate of Administrative Revocation of Authority to Transact Business, (no fee).

          (o)  Filing of Application for Reinstatement Following Administrative Revocation, One Hundred Dollars ($100.00).

          (p)  Certificate of Reinstatement Following Administrative Dissolution, (no fee).

          (q)  Certificate of Reinstatement Following Administrative Revocation of Authority to Transact Business, (no fee).

          (r)  Filing of Certificate of Revocation of Dissolution, Twenty-five Dollars ($25.00).

          (s)  Application for Certificate of Existence or Authorization, Twenty-five Dollars ($25.00).

          (t)  Any other document required or permitted to be filed under this chapter, Twenty-five Dollars ($25.00).

     (2)  The Secretary of State shall collect a fee of Twenty-five Dollars ($25.00) each time process is served on the Secretary of State under Section 79-29-101 et seq.

     (3)  The Secretary of State shall collect the following fees for copying and certifying the copy of any filed document relating to a domestic or foreign limited liability company:

          (a)  One Dollar ($1.00) a page for copying; and

          (b)  Ten Dollars ($10.00) for the certificate.

     (4)  The Secretary of State may promulgate rules to:

          (a)  Reduce the filing fees set forth in this section or provide for discounts of fees as set forth in this section to encourage online filing of documents or for other reasons as determined by the Secretary of State; and

          (b)  Provide for documents to be filed and accepted on an expedited basis upon the request of the applicant.  The Secretary of State may promulgate rules to provide for an additional reasonable filing fee to be paid by the applicant and collected by the Secretary of State for the expedited filing services.

     (5)  This section shall stand repealed on July 1, 2016.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2012.

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